Rights panel urges safeguards for child asylum seeker at Incheon Airport

Korea's National Human Rights Commission has recommended that the Justice Ministry find ways to protect the educational and developmental rights of a 10-year-old asylum-seeking boy who has lived in Incheon International Airport's departure lounge for more than a year.

The commission explained Tuesday that the boy, from Mali, and his father have been living in the airport's departure lounge. 

The father and son applied for refugee status, but the Justice Ministry decided not to refer their case for a formal refugee screening. They challenged that decision in an administrative lawsuit, lost in the first trial and are now appealing.

The pair filed a petition with the commission in October, arguing that their prolonged stay in the airport's departure lounge amounted to inhumane treatment and that the boy's rights to education and development were being violated.

The commission found it difficult to characterize their treatment as inhumane, citing laundry, air conditioning and heating, and shower facilities available in the departure lounge, along with regular health checkups.

The Justice Ministry told the commission that the father had not been persecuted in his home country and that he had stated during the refugee application process that he planned to find work in Korea to support his son's education there — indicating, the ministry said, that the application was motivated by economic reasons rather than persecution.

The commission likewise found it difficult to conclude that the father and son faced an objective risk of persecution or comparable danger to their lives or physical safety if repatriated. It also noted that the father could end their current situation on his own by leaving for his home country or a third country.

The boy's case, however, warranted separate consideration, the commission said.

"Unlike his father, [the boy] is only having to bear the disadvantages of actions for which he bears no responsibility," it said, pointing out that the boy, still in his developmental years, was suffering considerable disadvantages in education, welfare and emotional development.

"At the very least, alternative measures should be sought that can achieve the purposes of immigration control while minimizing the infringement of the basic rights the child is entitled to," the commission said, recommending that the justice minister take action.

BY PARK JONG-SUH [lee.jian@joongang.co.kr]